CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The US FAA has issued AD 2006-24-10 affecting Air Tractor AT-500 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AT/21, Amendment 3, which will become effective on 15 February 2007. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation, ensuring the safety and efficiency of air navigation in Australia. This Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, as exemplified by the Civil Aviation Safety Regulations 1998. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The ADs are critical for maintaining the continuing airworthiness of aircraft, aligning with international standards under Annex 8 of the Convention on International Civil Aviation. This regulatory framework ensures that CASA, as Australia’s national airworthiness authority, can issue corresponding ADs based on directives from the aircraft's State of Design, thereby fulfilling Australia’s international obligations and ensuring the safety of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations apply to any person or entity involved in the operation, maintenance, or manufacture of aircraft and aeronautical products within Australia. The application of these directives is national, covering all aircraft registered in Australia regardless of the state or territory. ADs are legislative instruments that mandate the continuing airworthiness of aircraft types, with CASA acting as the national airworthiness authority to enforce these requirements. Any State of Design issuing an AD against a type of aircraft registered in Australia necessitates CASA's assessment and subsequent issuance of an Australian AD. Exemptions or exclusions from these regulations are not explicitly stated in this context, but they generally adhere to international standards and obligations under the Convention on International Civil Aviation. The AD process does not require public consultation or a Regulatory Impact Statement, as it is governed by international obligations and the necessity to maintain airworthiness standards.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as outlined in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the ADs on the parties involved include the State of Design having overall responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the continuing airworthiness of the aircraft type to the appropriate States of Registry. For Australia, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with the requirements outlined in an AD may lead to various consequences. Under the Civil Aviation Act 1988, offences related to non-compliance can result in both civil and criminal penalties. The specific consequences and penalties depend on the nature and severity of the breach, but they can include fines and imprisonment, as prescribed by the Act. In the context of the specific AD/AT/21, Amendment 3 issued by CASA in response to AD 2006-24-10 from the US Federal Aviation Administration (FAA), non-compliance could lead to enforcement actions by CASA, potentially resulting in penalties as outlined in the regulations.